House Bill 714 (AS PASSED HOUSE AND SENATE)
By: Representatives Hamilton of the 24th, Meadows of the 5th, Ramsey of the 72nd, Peake of the 141st, Powell of the 171st, and others
A BILL TO BE ENTITLED AN ACT
To amend Chapter 8 of Title 34 and Title 50 of the Official Code of Georgia Annotated, 1
relating to employment security and state government, respectively, so as to change certain 2
provisions, processes, and procedures affecting unemployment insurance and benefits; to 3
change certain provisions relating to the disposition of fines, penalties, and interest collected; 4
to change certain provisions relating to regular benefits paid to be charged against experience 5
rating account; to change certain provisions relating to benefit claims; to provide changes to 6
the determination of eligibility for unemployment benefits of certain persons performing 7
certain services; to provide for definitions; to change certain provisions relating to review of 8
a decision of a hearing officer by the board of review; to change certain provisions relating 9
to procedures for judicial review; to change certain provisions relating to the process of 10
issuing, quashing, modifying, or withdrawing subpoenas; to change certain provisions 11
relating to overpayments of benefits; to change the penalty amount added to an overpayment 12
as a result of a false statement or misrepresentation; to change certain provisions relating to 13
hearings of the Department of Labor relative to unemployment benefits or overpayment of 14
unemployment benefits; to provide for related matters; to provide for an effective date; to 15
repeal conflicting laws; and for other purposes. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 17
SECTION 1. 18
Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment 19
security, is amended by revising Code Section 34-8-92, relating to the disposition of fines, 20
penalties, and interest collected, by designating the existing language as subsection (a) and 21
adding a new subsection to read as follows: 22
"(b) Notwithstanding subsection (a) of this Code section, any amounts collected pursuant
23
to Code Section 34-8-255 shall be returned to the Unemployment Compensation Fund to 24
be used exclusively for the purposes of this chapter as required by federal law." 25
SECTION 2. 26
Said chapter is further amended by revising subsection (b) of Code Section 34-8-157, relating 27
to regular benefits paid to be charged against experience rating account, as follows: 28
"(b) Regular benefits paid with respect to all benefit years that begin on or after January 1, 29
1992, shall be charged against the experience rating account or reimbursement account of 30
employers in the following manner: 31
(1) Benefits paid shall be charged to the account of the most recent employer, as that 32
term is defined in Code Section 34-8-43, including benefits paid based upon insured 33
wages which were earned to requalify following a period of disqualification as provided 34
in Code Section 34-8-194; 35
(2)(A) Benefits Except as otherwise provided in paragraph (3) of this subsection, 36
benefits charged to the account of an employer shall not exceed the amount of wages 37
paid by such employer during the period beginning with the base period of the 38
individual's claim and continuing through the individual's benefit year. 39
(B) In the event the provisions of subparagraph (A) of this paragraph are determined 40
by the United States secretary of labor or by a court of competent jurisdiction at a 41
subsequent level of appeal, such appeal to be taken at the sole discretion of the 42
Commissioner, to be out of conformity with federal law, the provisions of subparagraph 43
(A) of this paragraph shall be considered null and void and the provisions of this 44
subparagraph shall control. Benefits charged to the account of an employer shall not 45
exceed the amount of wages paid by such employer during the period beginning with 46
the base period of the individual's claim and continuing through the individual's benefit 47
year; provided, however, the portion of such charges for benefits paid which exceed the 48
amount of wages paid by such employer shall be charged against the experience rating 49
account of all base period employers in the manner provided in subsection (a) of this 50
Code section. 51
(C) Benefits Except as otherwise provided in paragraph (3) of this subsection, benefits 52
shall not be charged to the account of an employer when an individual's overpayment 53
is waived pursuant to Code Section 34-8-254. 54
(D) Notwithstanding any other provision of this subsection to the contrary Except as 55
otherwise provided in paragraph (3) of this subsection, for the purposes of calculating 56
an employer's contribution rate, an account of an employer shall not be charged for 57
benefits paid to an individual for unemployment that is directly caused by a 58
presidentially declared natural disaster; 59
(3)(A) An employer's account may be charged for benefits paid due to the employer's 60
failure to respond in a timely manner to the notice of claim filing even if the 61
determination is later reversed on appeal An employer shall respond in a timely and 62
adequate manner to a notice of a claim filing or a written request by the department for 63
information relating to a claim for benefits. 64
(B) Any violation of subparagraph (A) of this paragraph by an employer or an officer 65
or agent of an employer absent good cause may result in the employer's account being 66
charged for overpayment of benefits paid due to such violation even if the 67
determination is later reversed; provided, however, that upon the finding of three 68
violations of subparagraph (A) of this paragraph within a calendar year resulting in an 69
overpayment of benefits, an employer's account shall be charged for any additional 70
overpayment and shall not be relieved of such charges unless good cause is shown; and 71
(4) Benefits paid to individuals shall be charged against the Unemployment Trust Fund 72
when benefits are paid but not charged against an employer's experience rating account 73
as provided in this Code section." 74
SECTION 3. 75
Said chapter is amended by revising paragraphs (1) and (2) of subsection (d) of Code Section 76
34-8-193, relating to benefit claims, as follows: 77
"(d)(1) Except as otherwise provided in this subsection, the maximum benefits payable
78
to an individual in a benefit year shall be the lesser of: 79
(A) Fourteen times the weekly benefit amount, if this state's average unemployment 80
rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 81
percent increment in this state's average unemployment rate above 6.5 percent up to a 82
maximum of 20 times the weekly benefit amount if this state's average unemployment 83
rate equals or exceeds 9 percent; or 84
(B) One-fourth of the base period wages. 85
If the amount computed is not a multiple of the weekly benefit amount, the total will be 86
adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits 87
shall be extended in accordance with Code Section 34-8-197. 88
(2) In addition to and subsequent to payment of all benefits otherwise allowed under 89
paragraph (1) of this subsection and without restriction with respect to an individual's 90
benefit year, for claims filed on or after January 1, 2010 whenever the average rate of 91
total unemployment in this state, seasonally adjusted, as determined by the United States 92
secretary of labor, for the period consisting of the most recent three months for which 93
data for all states are published before the close of such week equals or exceeds 11 94
percent, weekly unemployment compensation shall be payable under this subsection to 95
any individual who is unemployed, has exhausted all rights to regular unemployment 96
compensation under the provisions of Article 7 of this chapter, and is enrolled and 97
making satisfactory progress, as determined by the Commissioner, in a training program 98
approved by the department, or in a job training program authorized under the Workforce 99
Investment Act of 1998, Public Law 105-220, and not receiving similar stipends or other 100
training allowances for nontraining costs. Each such training program approved by the 101
department or job training program authorized under the Workforce Investment Act of 102
1998 shall prepare individuals who have been separated from a declining occupation, as 103
designated by the department from time to time, or who have been involuntarily and 104
indefinitely separated from employment as a result of a permanent reduction of 105
operations at the individual's place of employment, for entry into a high-demand 106
occupation, as designated by the department from time to time. The amount of 107
unemployment compensation payable under this subsection to an individual for a week 108
of unemployment shall be equal to the individual's weekly benefit amount for the 109
individual's most recent benefit year less deductible earnings, if any. The total amount 110
of unemployment compensation payable under this subsection to any individual shall be 111
equal to 14 times the individual's weekly benefit amount for the individual's most recent 112
benefit year, if this state's average unemployment rate is at or below 6.5 percent, with an 113
additional weekly amount added for each 0.5 percent increment in this state's average 114
unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit 115
amount if this state's average unemployment rate equals or exceeds 9 percent. The 116
provisions of subsection (d) of Code Section 34-8-195 shall apply to eligibility for 117
benefits under this subsection. Except when the result would be inconsistent with other 118
provisions of this subsection, all other provisions of Article 7 of this chapter shall apply 119
to the administration of the provisions of this subsection." 120
SECTION 4. 121
Said chapter is further amended by revising Code Section 34-8-196, relating to determination 122
of eligibility for benefits of aliens and other persons performing certain services, as follows: 123
"34-8-196. 124
(a) Benefits based on service in educational institutions employment as defined in 125
subsections (h) and (i) of Code Section 34-8-35. Benefits based on service in 126
employment as defined in subsections (h) and (i) of Code Section 34-8-35 shall be payable 127
in the same amount, on the same terms, and subject to the same conditions as compensation 128
payable on the basis of other services subject to this chapter, except as otherwise provided 129
in this Code section:. 130
(b) Benefits based on service in educational institutions. 131
(1) For the purposes of this subsection, the term: 132
(A) 'Educational institution' means any voluntary pre-kindergarten program, 133
elementary or secondary school, postsecondary institution, or other provider of 134
educational services, irrespective of whether such program, school, institution, or other 135
provider is public or private or nonprofit or operated for profit, provided that it: 136
(i) Is approved, licensed, or issued a permit, grant, or other authority to operate as a 137
program, school, institution, or other provider of educational services by a federal, 138
state, or local government or any of the instrumentalities, divisions, or agencies 139
thereof with the authority to do so; and 140
(ii) Offers, by or under the guidance of teachers or instructors, an organized course 141
of study or training in a facility or through distance learning which is academic, 142
technical, trade related, or preparation for gainful employment in a recognized 143
occupation. 144
The Commissioner is authorized to establish by rules or regulations such exceptions or 145
exemptions from the term 'educational institution,' as defined in this paragraph, as he 146
or she shall deem appropriate, consistent with any federal program requirements 147
applicable to this chapter. 148
(B) 'Educational service contractor' means any public or private employer or other 149
person or entity holding a contractual relationship with any educational institution or 150
other person or entity to provide services to, for, with, or on behalf of any educational 151
institution. 152
(C) 'Educational service worker' means any person who performs services to, for, with, 153
or on behalf of any educational institution, regardless of whether such person is 154
engaged to perform such services by the educational institution or through an 155
educational service contractor. 156
(1)(2) With respect to services performed by an educational service worker in an 157
instructional, research, or principal administrative capacity to, for, with, or on behalf of 158
any educational institution, including those operated by the United States government or 159
any of its instrumentalities, divisions, or agencies, benefits shall not be paid during 160
periods of unemployment if services in such educational service worker capacity were 161
performed in the prior year, term, or vacation period and there is a contract or a 162
reasonable assurance of returning to work for an any such educational institution or any 163
educational service contractor immediately following the period of unemployment. Such 164
periods of unemployment include those occurring: 165
(A) Between two successive academic terms or years; 166
(B) During an established and customary vacation period or holiday recess; 167
(C) During the time period covered by an agreement that provides instead for a similar 168
period between two regular but not successive terms; or 169
(D) During a period of paid sabbatical leave provided for in the individual's contract.; 170
and 171
(2)(3) With respect to services performed by an educational service worker in any other 172
capacity to, for, with, or on behalf of any educational institution, including those operated 173
by the United States government or any of its instrumentalities, divisions, or agencies, 174
benefits shall not be paid during periods of unemployment if services in such educational 175
service worker capacity were performed in the prior year, term, or vacation period and 176
there is a reasonable assurance of returning to work for an any such educational 177
institution or any educational service contractor immediately following the period of 178
unemployment. If compensation is denied pursuant to this paragraph to an individual, 179
however, and that such individual is not offered an opportunity to perform services for 180
the any educational institution or to provide services to, for, with, or on behalf of any 181
educational institution for any educational service contractor following the unemployed 182
period, such individual shall be entitled to retroactive payment for each week during that 183
period of unemployment a timely claim was filed and benefits were denied solely by 184
reason of this paragraph. Such periods of unemployment include those occurring: 185
(A) Between two successive academic years or terms; or 186
(B) During an established and customary vacation period or holiday recess.; and 187
(3)(4) Benefits shall not be paid as specified in paragraphs (1) and (2) and (3) of this 188
subsection to any individual for any week of unemployment if the individual performs 189
such services in an educational institution while in the employ of an educational service 190
agency. For the purposes of this paragraph, the term 'educational service agency' means 191
a governmental agency or governmental entity that is established and operated 192
exclusively for the purpose of providing such services to one or more educational 193
institutions. 194
(b)(c) Benefits based on services in professional sports. Benefits shall not be paid to an 195
individual on the basis of any services substantially all of which consist of participating in 196
professional sports or athletic events or of training or preparing to so participate for any 197
week which begins during the period between two successive sport seasons or similar 198
periods if such individual performed such services in the first of such seasons or similar 199
periods and there is a reasonable assurance that such individual will perform such services 200
in the later latter of such seasons or similar periods. 201
(c)(d) Benefits based on services performed by aliens. 202
(1) Benefits shall not be paid to an individual based on services performed by an alien 203
unless such alien was lawfully admitted for permanent residence at the time such services 204
were performed, was lawfully present for purposes of performing such services, or was 205
permanently residing in the United States under color of law at the time such services 206
were performed. 207
(2) Any data or information required of individuals applying for benefits to determine 208
whether benefits are payable because of their alien status shall be uniformly required 209
from all applicants for benefits. 210
(3) In the case of an individual whose application for benefits would otherwise be 211
approved, no determination that benefits to such individual are not payable because of the 212
individual's alien status shall be made except upon a preponderance of the evidence. 213
(d)(e) As used in this Code section, the term 'reasonable assurance' means a written, 214
verbal, or implied agreement between an employer and its employee that such employee 215
will be returned to employment following the period of unemployment." 216
SECTION 5. 217
Said chapter is further amended by revising Code Section 34-8-221, relating to review of 218
decision of hearing officer by the board of review, as follows: 219
"34-8-221. 220
(a) The board of review may on its own motion affirm, modify, or set aside any decision 221
of an administrative hearing officer on the basis of the evidence previously submitted in 222
such case or direct the taking of additional evidence or may permit any of the parties to 223
such decision to initiate further appeals before the board of review. The board of review 224
shall promptly notify the parties to any proceedings of its findings and decision. The 225
decision of the board shall be become final 15 days from the date the decision is mailed to 226
the parties. 227
(b) The board of review may, in its discretion and on its own motion, reconsider its final 228
decision at any time within 15 days of the release of the final decision of the board from 229
the date the decision is mailed to the parties. The board shall notify all concerned parties 230
of its intent to reconsider a final decision. Such notice shall stay the process of judicial 231
review until a final decision is released by the board. 232
(c) The quorum for the board of review shall be two members. No meeting of the board 233
shall be scheduled when it is anticipated that less than two members will be present, and 234
no hearing shall be held nor decision released by the board in which less than two members 235
participated. 236
(d) In the event only two members are able to vote on a case and one member votes to 237
affirm the decision of the administrative hearing officer but the other member votes to 238
reverse the decision or remand the case for another hearing, the decision of the 239
administrative hearing officer shall stand affirmed. 240
(e) The Commissioner shall provide the board of review and the office of administrative 241
appeals with proper facilities and assistants for the execution of their functions." 242
SECTION 6. 243
Said chapter is further amended by revising Code Section 34-8-223, relating to procedures 244
for judicial review, as follows: 245
"34-8-223. 246
(a) Any decision of the board of review, in the absence of a reconsideration as provided 247
in subsection (d) (b) of Code Section 34-8-192 34-8-221, shall become final 15 days after 248
the date of notification or mailing. Judicial review shall be permitted only after any party 249
claiming to be aggrieved thereby has exhausted his or her administrative remedies as 250
provided by this chapter. The Commissioner shall be deemed to be a party to any judicial 251
action involving any such decision and shall be represented in any such judicial action by 252
the Attorney General. 253
(b) Within 15 days after the decision of the board of review has become final, any party 254
aggrieved thereby may secure judicial review by filing a petition against the Commissioner 255
in the superior court of the county where the employee was last employed. In the event the 256
individual was last employed in another state, such appeal shall be filed in Fulton County, 257
Georgia. Any other party to the proceeding before the board of review shall be made a 258
respondent. The petition, which need not be verified but which shall state specifically the 259
grounds upon which a review is sought, shall be served upon the Commissioner or upon 260
such person as the Commissioner may designate, or upon his or her designee within 30 261
days from the date of filing. Such service upon the Commissioner shall be made by 262
certified mail or statutory overnight delivery, return receipt requested; hand delivery; or in 263
a manner prescribed by the law of this state for service of process to Georgia Department 264
of Labor, Unemployment Insurance Legal Section, Suite 826, 148 Andrew Young 265
International Boulevard, N.E., Atlanta, GA 30303-1751. Such and such service shall be 266
deemed completed service on all parties, but there shall be left with the party so served 267
upon the Commissioner or his or her designee as many copies of the petition as there are 268
respondents. The Commissioner shall mail one such copy to each such respondent. Within 269
30 days after the service of the petition, the Commissioner shall certify and file with the 270
superior court all documents and papers and a transcript of all testimony taken in the 271
matter, together with the board of review's findings of fact and decision therein. The 272
Commissioner shall not be required to furnish any person with a copy of the 273
aforementioned documents, papers, or transcripts or the original of these items prior to the 274
Commissioner's filing these items with the court. The Commissioner may also, in his or 275
her discretion, certify to such court questions of law involved in any decision. As a guide 276
for future interpretation of the law, when the Commissioner is aggrieved by any decision 277
of the board of review or deems such decision contrary to the law and no other party enters 278
an appeal therefrom, the Commissioner may, within 20 days after such decision has 279
become final, appeal and certify to the superior court questions of law therein involved. 280
The court shall consider and determine the same and enter a decree accordingly, which 281
shall be subject to further appeal by the Commissioner. In any judicial proceeding under 282
this Code section, the findings of the board of review as to the facts, if supported by 283
evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court 284
shall be confined to questions of law. Such actions and the questions so certified shall be 285
heard in a summary manner and shall be given precedence over all other civil cases except 286
cases to which the state is a material party and cases arising under Chapter 9 of this title. 287
An appeal may be taken from the decision of the superior court to the Court of Appeals in 288
the same manner as is provided in civil cases but not inconsistent with this chapter. No 289
bond shall be required for entering an appeal." 290
SECTION 7. 291
Said chapter is further amended by revising Code Section 34-8-253, relating to obedience to 292
subpoena required and self-incrimination, as follows: 293
"34-8-253. 294
(a) No person shall be excused from attending and testifying or from producing books, 295
papers, correspondence, memoranda, and other records before the Commissioner, the board 296
of review, an the chief administrative hearing officer, or any their duly authorized 297
representative of any of them representatives or in obedience to the a subpoena of any of 298
issued by them in any cause or proceeding before the Commissioner, the board of review, 299
or an administrative hearing officer on the ground that the testimony or evidence, 300
documentary or otherwise, required of him or her a person may tend to incriminate him or 301
her or subject him or her such person to a penalty or forfeiture. However, no individual 302
person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any 303
transaction, matter, or thing concerning which the individual person is compelled, after 304
having claimed the privilege against self-incrimination, to testify or produce evidence, 305
documentary or otherwise, except that such individual person testifying shall not be exempt 306
from prosecution and punishment for perjury committed in testifying. 307
(b) The Commissioner, the board of review, the chief administrative hearing officer, or any 308
duly authorized representative of any of them may quash, modify, or withdraw a subpoena 309
issued by them." 310
SECTION 8. 311
Said chapter is further amended by revising Code Section 34-8-254, relating to overpayments 312
of benefits, as follows: 313
"34-8-254. 314
(a) Any person who has received any sum as benefits under this chapter while any 315
conditions for the receipt of benefits imposed by this chapter were not fulfilled or while the 316
person was disqualified from receiving benefits shall, in the discretion of the 317
Commissioner:, either 318
(1) Be be liable to have such sums deducted from any future benefits payable to such 319
person under this chapter, with no single deduction to exceed 50 percent of the amount 320
of the payment from which such deduction is made; and, or 321
(2) Be shall be liable to repay the Commissioner for the Unemployment Compensation 322
Fund a sum equal to the amount so received by him such person. Such sum shall be 323
collectable in the manner provided by law for the collection of debts or any other method 324
of collection specifically authorized by this chapter. 325
(b) For the purpose of collecting overpaid benefits when the individual person who owes 326
the payment resides or is employed outside the State of Georgia this state, the 327
Commissioner may enter into an agreement with one or more private persons, companies, 328
associations, or corporations providing debt collection services; provided, however, the 329
Commissioner shall retain legal responsibility and authority for the collection of 330
overpayments of benefits and any debt collection agency shall function merely as an agent 331
of the Commissioner for this purpose. The agreement may provide, at the discretion of the 332
Commissioner, the rate of payment and the manner in which compensation for services 333
shall be paid. The Commissioner shall provide the necessary information for the contractor 334
to fulfill its obligations under the agreement. Any funds recovered shall be transmitted 335
promptly to the Commissioner for deposit into the Unemployment Trust Compensation 336
Fund. 337
(c)(1) Except as provided in paragraph (2) of this subsection, the The Commissioner 338
may waive the repayment of an overpayment of benefits if the Commissioner determines 339
such repayment to be inequitable. 340
(2) If any person receives such overpayment because of false representations or willful 341
failure to disclose a material fact by such individual person, inequitability shall not be a 342
consideration and the person shall be required to repay the entire overpayment; provided, 343
however, that penalty and interest plus all applicable penalty and interest amounts. Such 344
penalty amounts shall not be waived. Interest accrued on the overpayment are is subject 345
to waiver if the Commissioner determines such waiver to be in the best interest of the this 346
state. 347
(d) Any person who has received any sum as benefits under this chapter and is 348
subsequently awarded or receives back wages from any employer for all or any portion of 349
the same period of time for which such person has received such benefits shall be liable, 350
in accordance with subsection (a) of this Code section, to repay a sum equal to the benefits 351
paid during the period for which such back wages were awarded, as follows and the 352
employer shall be: 353
(1) An employer shall be authorized Authorized to deduct from an award of back wages 354
the an amount of equal to all unemployment benefits received by such person under this 355
chapter with respect to the same period of time. The employer shall remit the amount 356
deducted to the Commissioner for the Unemployment Compensation Fund. Upon receipt 357
of such payment the Commissioner shall then make appropriate adjustments in the 358
unemployment contributions experience rating account of the employer as otherwise 359
provided in this chapter; and or 360
(2) If the employer is a governmental entity or nonprofit organization that has elected to 361
make payments in lieu of contributions in accordance with Code Section 34-8-158 and 362
the employee is subsequently awarded or otherwise receives payment of back wages for 363
any period of time for which the employee received benefits under this chapter, said 364
employer shall be entitled Entitled to a setoff against the award of back wages in an 365
amount equal to all benefits paid to the employee during the period for which such back 366
wages are awarded or received, if such employer is a governmental entity or nonprofit 367
organization that has elected to make payments in lieu of contributions in accordance 368
with Code Section 34-8-158 and the employee is subsequently awarded or otherwise 369
receives payment of back wages for any period of time for which such employee received 370
benefits under this chapter." 371
SECTION 9. 372
Said chapter is further amended by revising Code Section 34-8-255, relating to effect of false 373
statements and misrepresentations made to obtain or increase benefits, as follows: 374
"34-8-255. 375
Any person who knowingly makes a false statement or misrepresentation as to a material 376
fact or who knowingly fails to disclose a material fact to obtain or increase benefits under 377
this chapter, either for himself or herself or for any other person, or who knowingly accepts 378
benefits under this chapter to which such person is not entitled shall, upon an appropriate 379
finding by the Commissioner, cease to be eligible for such benefits and an overpayment of 380
benefits shall be computed without the application of deductible earnings as otherwise 381
provided in Code Section 34-8-193. A penalty of 10 15 percent may shall be added to the 382
overpayment and become part of the overpayment. Interest shall accrue on the unpaid 383
portion of such overpayment at a rate of 1 percent per month until repaid to the 384
Commissioner for the Unemployment Compensation Fund. Further, such person shall 385
forfeit all unpaid benefits for any weeks of unemployment subsequent to the date of the 386
determination issued by the Commissioner covering said act or omission. The ineligibility 387
shall include any unpaid benefits to which the person would otherwise be entitled during 388
the remainder of any incomplete calendar quarter in which said determination is made and 389
the next four complete calendar quarters immediately following the date of said 390
determination; provided, however, such person shall be required to repay benefits received 391
for any week as specified in said determination. No determination may be made by the 392
Commissioner more than four years after such occurrence, act, or omission. Any such 393
determination by the Commissioner may be appealed in the same manner as provided for 394
the appeal from an initial determination in Article 8 of this chapter. The provisions of this 395
Code section shall be in addition to, and not in lieu of, any provision contained in any of 396
the other Code sections in this chapter." 397
SECTION 10. 398
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended 399
by revising paragraph (1) of Code Section 50-13-2, relating to definitions relative to 400
administrative procedure, as follows: 401
"(1) 'Agency' means each state board, bureau, commission, department, activity, or
402
officer authorized by law expressly to make rules and regulations or to determine 403
contested cases, except the General Assembly; the judiciary; the Governor; the State 404
Board of Pardons and Paroles; the State Financing and Investment Commission; the State 405
Properties Commission; the Board of Bar Examiners; the Board of Corrections and its 406
penal institutions; the State Board of Workers' Compensation; all public authorities 407
except as otherwise expressly provided by law; the State Personnel Board; the 408
Department of Administrative Services or commissioner of administrative services; the 409
Technical College System of Georgia; the Department of Labor when conducting 410
hearings related to unemployment benefits or overpayments of unemployment benefits; 411
the Department of Revenue when conducting hearings relating to alcoholic beverages, 412
tobacco, or bona fide coin operated amusement machines or any violations relating 413
thereto; the Georgia Tobacco Community Development Board; the Georgia Higher 414
Education Savings Plan; any school, college, hospital, or other such educational, 415
eleemosynary, or charitable institution; or any agency when its action is concerned with 416
the military or naval affairs of this state. The term 'agency' shall include the State Board 417
of Education and Department of Education, subject to the following qualifications: 418
(A) Subject to the limitations of subparagraph (B) of this paragraph, all otherwise valid 419
rules adopted by the State Board of Education and Department of Education prior to 420
January 1, 1990, are ratified and validated and shall be effective until January 1, 1991, 421
whether or not such rules were adopted in compliance with the requirements of this 422
chapter; and 423
(B) Effective January 1, 1991, any rule of the State Board of Education or Department 424
of Education which has not been proposed, submitted, and adopted in accordance with 425
the requirements of this chapter shall be void and of no effect." 426
SECTION 11. 427
(a) Except as provided in subsection (b) of this section, this Act shall become effective upon 428
its approval by the Governor or upon its becoming law without such approval. 429
(b) Section 4 of this Act shall become effective on January 1, 2015. 430
SECTION 12. 431
All laws and parts of laws in conflict with this Act are repealed. 432
